Landlord Can Convert Steam Pipe/Radiator System to Electrical Baseboard System
LVT Number: #31698
Landlord asked the DHCR for permission to change a rent-regulated building's central heating system from a steam pipe/radiator system to an electrical baseboard heating system with baseboard units in individual apartments. The DRA granted landlord's application. Two tenants appealed and lost. Although tenants argued that the service modification wasn't necessary, landlord wasn't required to prove that it was necessary, since the proposed modification was an adequate substitute. Tenants also argued that there was no provision for heat to be provided in building common areas and that landlord didn't indicate whether hot water would be provided or who would pay for it. But landlord agreed to provide for these services in letters submitted to the DRA. And the DRA order states that landlord agreed to maintain heat in the common area. Landlord didn't have to submit a plan for the heating of common areas as claimed unless requested by the DHCR. Tenants also could file service reduction complaints if these services weren't maintained.
Harris/Weissberg: DHCR Adm. Rev. Docket No. IX410001RT (10/18/21)[3-pg. document]